>> steve: brian wanted to end the program with a salute to him. >> brian: let's look back. >> steve: sorry, we're out of time. >> gretchen: that will be tomorrow on "fox & friends." have a fantastic day, everyone. bye-bye. martha: thanks were guys. we start with a fox news alert. the defense is set to wrap up their case in the george zimmerman murder trial after a long heated day in court. yesterday's session lasted so long they literally turned the lights out on everybody. gregg: i'm gregg jar it in for bill hemmer. tensions boiling over after a marathon 13-hour session. it day went so long the lights eventually went out. >> the light automatically go off at a certain time in the courthouse. is there a way we can get them

back on in the courtroom? gregg: when the clock hit 8:00 p.m., the lights automatically turned off. attorneys exchanged accusations concerning withheld evidence. >> i'm not getting into this. court is in recess. i'll give my fliewlgt morning. i'll see you at 8:00 in the morning. court is in recess. it is 9:56. court is in recess. thank you very much. we'll see you at 8:00 in the morning. at 8:00 in the morning, mr. donnelly who may have violated or counsel have informed the court that you know he violated the rule of sequestration. that's the second time today i have heard there has been a violation of the rule of

sequestration by the witnesses. i don't want to take that up at 9:00 and have the jury sit out there and wait like they did today. we'll be in recess until 8:00 in the morning. >> i won't be able to plea pair or get my witnesses tomorrow. and i can't do it tonight. >> i'm not physically able to keep up this pace. it's 10:00 at night. we started this morning. we had full days every day. weekends, depositions at night. martha: mark o'mara is saying setting it down. the judge walked out of the room and the attorneys still tried to talk over here. what happened last night? >> reporter: tempers are flooring as we are nearing the end of the most highly watched

trial around the country. george zimmerman in the courtroom. things went so long last night instead of starting at 8:00 a.m. they are starting at 9:00 a.m. and critical rulings that could impact how this all female jury feels about the character of trayvon martin and george zimmerman and what happened as they head into the deliberations room as early as friday. i cally the gallery is full of spectators and it has been for the last 2 1/ 2 1/2 weeks. attorneys ban toward and focused specifically on a defense animation showing the final minute or so of trayvon martin's life. after prosecutors argued the images are misleading the

animation is more like. >> still graphic and the controversial scene of martin punching zimmerman as the first punch has been edited out. pictures of pot plant and a handgun. but judge them on said anybody could have accessed his photos and typed the text. text such as man, why you always fighting. i lost the first round but i won the second and third. and bleed enough for me only his nose. the defense wants to show trayvon martin had a propensity for fighting in fact was quite eager to get into a fight. prosecutors say it unfairly attacks the 17-year-old's character and what happens on his phone and text in the days leading up to the days happening with zimmerman is wholly irrelevant. things went so late last night

that for the first time in more than a year george zimmerman was allowed to be out past his 10:00 p.m. curfew as one of the bond arrangements for him to be not living inside the prison but at home with a ankle monitor. martha: also, the defense witness from monday we understand could be impeached. >> reporter: that could happen first thing this morning. john donnelly, an old war veteran and friend of george zimmerman. he and his wife on the stand monday testifying after listening to that infamous 911 call with the screams in the background. they said that was not trayvon march turn but zimmerman and that clearly benefited the defendant. >> there is no doubt in my mind

that is george zimmerman. and i wish to god i did not have that ability to understand that. >> reporter: prosecutors discovered donnelly appeared to a violated the witness sequester rule by sitting behind zimmerman in the gallery listening to testimony one week after taking the stand himself. in anticipation that a verdict that could happen in a matter of days could be unpopular in certain parts while the broward county sheriff met with local pastors in south florida trying to come up with a contingency plan not in anticipation of anything specifically they are expecting but quote just to be prepared.

keep in mind trayvon martin was from south florida in miami-dade county. gregg: if the defense does rest today it will be on to closing arguments. it will be up to the judge whether that will happen today or are wait until tomorrow. zimmerman is claiming self-defense. if he's found guilty he faces a mandatory minimum of 25 years. the charge is a first degree felony plus a $1,000 fine. martha: we have a legal panel that with weigh in as the defense comes to a close likely this morning. you can watch the entire trial streaming live on foxnews.com. and we'll bring you the breaking news as well. >> details on the asiana airlines crash in san francisco.

the ntsb revealing two flight attendants were actually tossed from the back of the plane during the crash. >> what i can tell you is two of the flight attendants in the rear of the aircraft were ejected from the aircraft on -- during the impact sequence so they were not at their station when the aircraft came to rest. they were found down the runway and off to the side of the runway. those flight attendants survived. but they obviously had gone through a serious event. gregg: claudia wha what claudiat san francisco airport. >> reporter: after interviewing

the flight crew federal investigators say the pilots were more concerned with their low approach than their dangerously low air speed. they were relying on the plane's cruise control to maintain the speed. did that auto throttle malfunction? >> there were three pilots in the cockpit during the landing. and the lead instructor was overseeing the landing. five days later the plane's wreckage is still scattered along the runway. a large piece of the tail section wound up in san francisco bay. >> when you get down to the seawall you can identify where the first strike took place. first the main landing gear impacted the seawall, then the tail. >> a federal versus versus are

scheduled to hold another press briefing later today. gregg: there are two investigations going on simultaneously, aren't there? >> reporter: that's right. we have the ntsb and the strans police department hit-and-run detail looking into weather one of the two chinese teenaged girls who died may have survived the crash but was then run over by one of the responding fire engines. the parents of both these girls are here in san francisco grieving in private. officials say wang opposite body was found outside the plane with injuries consistent with having been run over. the autopsy results will not be revealed for a few weeks. far * we are also hearing from survivors. some saying they may have walked

away physically unscathed but mentally it's hard. listen as one describes the final seconds before impact. >> we seemed to be flying in way too low. the last couple seconds before it happened the engines revved into high gear. like the captain is say nothing, no we have to get out of here. then boom the back end lifted up and the jolted everybody in their seats. for a second we thought we were pulling it off. but the back end went up and came back down and we started fish tailing and you can see from the video, tilted over, came down on its side. seat belt unbubbled. and people jumped out of their seats. we started fish tailing. i looked at my girlfriend like maybe we are going to die. it felt like maybe it would roll. the thought that went through my

mind was grabbing her in the arm and looking into her eyes and saying this might be it right now. martha: that young man, and a lot of people say they are freightful to have survived that. gregg: we are just now getting started. new questions on the president's decision to delay part of the healthcare law. was it even legal for him to do that? martha: some new developments in a deadly train derailment that destroyed part of a town. listen to this. investigators opened a criminal investigation into that disaster. what happened there? plus ... >> to the right, to the left. gregg: that is awful line dancing. the cupid shuffle. the days are over at the irs.

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gregg: a fox news alert in the george zimmerman trial. the judge announced a couple critical rulings and they are both against the defense. they are not going to allow the computer animation of the fight which the defense designed. that will not come into evidence. also the judge ruling trayvon martin's text messages regarding his alleged fighting prowess, as well as a photo of a gun on his cell phone. none of that will come into evidence. the defense said it's relevant to show he was skilled at fighting. the judge said no way. this will give the defense a couple of appealable arguments.

martha: house republicans are pushing to significantly cut the irs budget after revelations of wasteful spending in the agency. lawmakers want to cut $3 billion from their budget. the conferences they held. they said they will have to live on a much leaner budget. like this one. the "star trek" video they made in 2010. >> captain, there may be another solution. i took the liberty of doing a time warp scan of the gal faxy and found someone who could be of assistance in anaheim,

california. that's part of a $4 million conference on the taxpayers dime. i'm joined by jay sekulow who is representing 41 groups who say they were targeted for extra scrutiny when they applied for tax exempt status. jay, welcome. good to have you here this morning. what do you make of this congressional effort to cut their budget by $3 billion. i should point out the 2014 budget would be $14 billion for irs without this cut. and that would be an increase of a billion dollars over last year. >> it's still an increase. i understand exactly why members of the house are saying we don't want the irs to be getting additional revenue for enforcement proceedings when the agency is institutionally incapable not only of

self-governance. you have this proposal that the irs isn't out for expedite the review that put more burdens in place. ridiculous to put additional burd's on these groups. then you have got spending. you have got an institution incapable of self-governance and incapable of self-correcting. the measures that try to self correct, redirect the ship if you will. but it's out of control. when you have got 100,000 social security numbers being released. 100,000 off donations from 527 donations and 100,000 social the security numbers released, who is being held accountable? who is running the ship and why are they getting away with it. every week there is not only another scandal but a blight on the irs record.

the american people are saying they are releasing social security numbers. i don't know if i want them releasing confidential health records. so it's problematic. martha: i think most people would shake their head at the suggestion that they could cut $3 billion from their budget. even the sungs of that is, well, that could never hatch. the reaction from the agency is -- we can barely get by on the money that we have to do all of the -- you know, all of the tasks that are part of our agency's job list. really? we can't consider cutting the funding to this agency in a significant way? and what does that tell us about congress that they say we'll put this crazy idea out there that we can cut $3 billion from their budget but it will never happen. we are doing it to whip them into shape. >> i think the irs is

self-delusional. they believe they are above the fray. they believe certain individuals with the irs may have to take a bit of a fall here. take a look at spending. if you were a business and had these expenses and by the way, they have $5 million of undocumented expenses for conferences, no receipts. you wouldn't be able to deduct it. you would be guilty of filing a false tax return. the irs has an investigation going on by the fbi. we are in contact with the department of justice tax division offering an expedited review which is another series of affidavits and statement you had to make. awful this is manpower. it's money. they have to respond to a lot which they should self-correct by breaking these groups exemptions. getting in an i.t. director who knows how to keep things secure

and punish people who violate the law. martha: we are about to hit a hard break. we are going to take a quick break and we'll be back with more on america's newsroom. can vitamins melt into mouth-watering flavor?

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gregg: let's take a look at some of the top headlines. a deck in north carolina collapses sending 20 to the hospital. two states loosening their gun laws. illinois residents can carry concealed weapons. in indiana gun owners can take guns into bars. gun rights advocates diamonds.

>> reporter: you feel safer with a gun? >> yes, i do. gregg: they also need to carry a concealed weapons permit. anand tsarnaev faces a judge today. what can we expect in court? >> for the first time since dzhokhar tsarnaev was accused of these bombings and the first time since he crawled out of that boat in the watertown backyard. this is the first time the family members of the victims and the victims themselves will have a chance to look at this suspect. arraignment gets underway at 3:30 in the afternoon. there is heavy security expected

throughout the day. tsarnaev who is alleged to have conspired with his older brother tamerlan is charged in a 30-count indictment, accused of using a he's also implicated in the shooting of an m.i.f. police officer. a dramatic amount of coverage expected and a full courthouse. >> reporter: we could expect a full courtroom today, right? and explain state versus federal and where exactly which court this is in. >> reporter: this is the u.s. district court in boston which is a federal court which is why

the death penalty could be expected for some of these charges. 17 out of the 30 charges carry the possibility of the death penalty at the federal level. what is expected in the court, family members and the victims themselves will have priority seating, then a huge overflow area has been set up for the media. the victims and their families are invited to be here today for the priority seeing the. there were over 200 people injured over the course of this bombing so we could see a very, very crowded courthouse. martha: back in d.c., this could get heated. house republicans are about to challenge the white house's authority to delay the employer mandate in obama-care. we have chairman of that subcommittee. he will give us a preview of what we can expect. gregg: the wife accused of

hiring a hitman to kill her husband. now the man in the cross-hairs is pleading for mercy after she wanted him dead. >> i don't want it to look like an actual motive for the murder case. let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 30% off. only at hotels.com. icaused by acid reflux disease, relieving heartburn, relief is at hand. for many, nexium provides 24-hour heartburn relief and may be available for just $18 a month.

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gregg: we are live back inside the court room in the george zimmerman murder case. but the judge made a couple key defense motions rulings. phil, tell us about these two rulings. computer animation and text messages. >> reporter: the defense for george zimmerman invested hours upon hours to persuade the judge to allow their defense animation depicting martin behind the town homes. but george nelson issuing her ruling, the defense will not be allowed to enter as evidence this animation. the state objected to it saying it's self-serving, misleading and inaccurate and the judge sustained the objection which the state. the key concern is the jurors would have this just like the 11

tape and the calls george zimmerman made. evidence they could refer to over and over during the juror deliberation. she was concerned about this video being used that way. that's not going to happen. however, she did say the defense can use that videotape as a demonstration exhibit. so expect that when the defense puts on its closing argument either thursday or friday. they will show that animation to the jury. the other big issue the defense was trying to get entered for the jurors to see were the text messages and text photos extracted from trayvon martin's cell phone in the several days prior to him being fatally shot that shows photos of a pot plant, photo of a handgun. the judge said there is no way to know for certain that trayvon martin took those photos so that's not allowed in. martha: on that second point,

this has been a big issue. whether the text messages he strength in the those prior days and the pictures of the pot are relevant. did the judge expand on why she believes they are not relevant? >> reporter: last night she did. she said, you know, nobody has an eyewitness account that trayvon martin himself took the pictures. sent the text. the defense wanted those in there because they wanted to show trayvon martin's state of mind. prosecutors wanted to show zimmerman's state of mind. the defense wants to paint trayvon martin's state of mind as somebody who has an affectioner to guns. starting to talk about buying pot and selling a gun and having photos of a gun in his hand and octer text messages showing he had been involved in fights. trying to show trayvon martin would have been very eager to throw the first punch that

night. a big part of the state's problem is nobody for their case can identify who actually threw the first punch and there are witnesses that show the ending and that could benefit george zimmerman. martha: that's a big element for the jury to decide based on what they have heard here. phil, thank you very much. gregg: a potentially heated hearing about to kick off on capitol hill. congress challenging the president's authority to delay the healthcare law until after the 2014 mid-term elects. lawmakers pointing to this section of the law. states the amendments made by this section shall apply to months beginning after december 31, 2013. kevin brady joins us, he's chair of the house ways and means

subcommittee. thank you for taking a few moments before the hearing. the letter of the law gives the president it would seem and we just put it on the screen, no discretion. the word shall is mandatory. is the president violating the law he signed? >> you know, my guess is he is. what they are doing is they reverse engineered it. they delayed the reporting requirements and said i guess we can't even if force this part of the law. the legality of this will ultimately be sorted out. the key issue in front of us is the fairness of postponing this major mandate on businesses. but not postponing it on families and individuals. plus, you know, the problems of obama-care on local billings didn't go away. it got postponed a year. but they are still not hiring and they are still cutting workers' hours. gregg: if it's unfair and

disadvantaging to individuals as well as small businesses will you along with speaker boehner move to delay all the mandates in obama-care? >> exactly right. this hearing lays the foundation for that. if you are a local business and you are dealing with this. but if you are a family and you have a child that's ill and parent that's ill. if obama-care isn't ready for business, isn't ready for my family and the answer is no, what we know now, this is a major embarrassing failure to have another ke key components f obama-care put in place. but it's an indictment on the complexity of this government takeover. gregg: the "wall street journal" is reporting the president delayed the businessman date for the following two roarns. the federal government had not written key rules guiding employers and computer systems that were supposed to run the

program were not operational. they had three years to do it. in your judgment is this an administration at least in terms of this healthcare law that is incompetent? >>it is incompetent. and that whole message says that. we are too incompetent to put this massive takeover in place. we are delaying key provisions of it and oh, by the way, everything is fine, it's going to be ready. the american public, the american people see through this. they know what it is, and this hearing will help peel back i think sort of the masquerade on this key provision. gregg: the constitution sets off the duty of the president of the united states to faithfully execute the laws. now, this is a law that he's not faithfully he can kiewght as written. again it was mandatory language. it got us started january 1, 2014. do you think this is a president

that's in breach of his duties? >> i think this is a pattern of lack of enforcement, decision to ignore laws. this obviously isn't the first experience we have had with this white house and obviously we are going to focus on that lack of enforcement just making of laws as you go along. but we are also going to focus on the issue right in front of us which is why business is getting what reprieve and local families and their children and their parents not getting a reprieve from a pretty terrible law. >> congressman kevin brady, you will be chairing today's hearing. it will begin in just a few minutes. thanks for making the time and we'll be watching it. martha: tropical storm chantal is getting closer to the u.s. where she might make landfall. gregg: egypt on the brink of

civil war.

gregg: a criminal investigation launched in a deadly runaway train in canada. oil tanker derailing and exploding sending fire balls into the sky. the wreck killing 15 people and destroying dozen of buildings in a lakeside building in quebec. police are looking into possible criminal negligence. martha: things could be about to get worse in the streets of egypt. learning that egypt's top prosecutor ordered the arrest of the muslim brotherhood spiritual

leader. 9 others also charged. the charge is they instigated the violence seen in recent days leaving dozens of supporters of the ousted president dead in clashes with the military. our next guest says president obama is 0-2 when it comes to the situation in egypt and has one more chance to get things right from a foreign policy perspective. >> we give a lot of aid to egypt. we shouldn't gift as a gift, we should gift as a tool and help them move in the direction we want them to. if president obama came in he could have used the tool of our assistance to president mubarak to say you have got to have economic reform. when morsi came in we should have used that aid and said we want you to have an inclusive

government, you are democratically elected. but he played a hitler. going maiflt, going after the supreme court, going after the parliament. persecuting christians. we never used our tool. we awarded morsi because we gave him advance weaponry. everybody has a do-over in egypt. it's time to use our aid and say let us help you. >> you know, you make great points as always and very interesting saudi arabia and the uae came forward with $8 billion in aid combined. they see a need for humanitarian assistance to influence the people on the streets and keep them from suffering and opening up to maybe even a worse alternative in leadership. >> the relationship with saudi

arabia. morsi, he went to iran and met with ahmadinejad. the arch enemy of saudi arraign yeah. so saudi avaib yeah's checkbook slammed closed. martha: but ours did not. >> as a result of the new leadership. general all hi said, you know, e checks start coming from saudi arabia then at least egypt has the chance to buy up wheat to feed the people to buy the political space and time. >> president obama over the course of events, the shutting down of the free press and the killing of christians in egypt. we have not heard the president speak out against morsi while he

was in office. now do we beg the moment to say we have to make sure the people of have it have fed. we need to use our money instrumentally. >> we use our money mainly for military. saudi arabia is giving them economic help. award good behavior. i think it's important to continue to support them, encourage them, move in the direction of elections. inclusive government. but mostly what egypt needs is to fix that economy. half of the of the people in egypt don't have food. the on food they have is the bread that's given as a subsidy from their government. they are the world's largest importer of wheat. without that money, they starve. gregg: we are getting new reaction to the woman who tried to hire a hitman. turned out to be an judged cover

cop. why her husband, the man she wanted dead, is asking for leniency. >> how do we want me to do it?

martha: the case of a michigan woman who tried to hire a hitman to kill her husband. the hit than was an undercover police officer who record the whole exchange. >> i don't want it to look like an actual murder. >> i'm not understanding you. due gun in the house? once i leave from here, i'm doing it and you are going to

pay up. got it? >> yeah. >> i'm willing to do it. whatever your reasons are, i don't really care. i just want the money. martha: now her husband, the man she was talking about not making a mess with in her kitchen is asking the judge for a sentence that would avoid jail time for his wife. the judge says that is not going to happen. he believes he will get at least 6 years behind bars. her brother heard all this. he says he's still in shock. >> it's hard, knowing that your sister did this. it was pretty upsetting. she laughed about it. and it's not right. you can't be that good if you did this. march are her sentencing is scheduled for july 30.

do they get they are talking about killing a human being that was part of their family? gregg: the folks in inch know it's serious. you can get life behind bars and solicitation to commit first degree murder and the judge is saying you are at least going to do six years. but try to figure out the husband who says, she shouldn't get any time. martha: she is laughing about how it should be done. saying it would be easier than getting a divorce she says in this tape. obviously the tape is extremely incriminating. hopefully we'll learn. maybe her husband will come on and talk to us. gregg: chantal is barreling toward the united states. it's promising to bring rough conditions to puerto rico and the dominican republic.

maria molina is live in the extreme warning center. >> it's bringing heavy rains and gusty winds across puerto rico, the dominican republic and haiti. it's moving at 29 miles an hour. so incredibly fast for areas across the caribbean and it's forecast to continue moving quickly toward the west and eventually along the coast of florida. friday, saturday, sunday and into monday we'll have to deal with the storm system. take a look at the forecast winds. not that bad. we are talking 35-40-mile-per-hour macmum sustained winds. we have been dealing with a lot of heavy rain. the ground is saturated. additional rainfall can produce flooding concerns so that will be something we'll have to keep an eye on. one of the reasons why chantal

is predicted to be so weak. we have up to 10,000 feet to help weaken our storm system. but the dominican republic, locally 10 inches of rain. mudslides and flash flooding will be a huge concern. martha: hugely controversial plan to put new limit on aboring has cleared a major hurdle in texas. the fight there is far from over. we'll take the debate at both sides and the element of the law. gregg: nearly four years after the worst mass shooting at a military base the victims and families of those who were killed are on the road to seeing some justice. we'll talk to one of the fort hood soldiers who will be testifying in this case. he may be the leadoff witness. we'll ask about the toll that all these delays -- somebody

cried out he's coming around the corner with a gun. he's shooting people. i just set there helpless waiting for this person to come in and finish the job.

martha: a hearing is about to get underway on capitol hill and it could get heated. it's got a lot of attention and it's back on the hill today, the decision to delight employer mandate until after the mid-term elections. gregg: we are expecting an announcement from the obama administration via a conference call. martha: this comes as the obama administration considers delaying the mandate for individual as well.

they don't want the president to pick and choose parts of this law to enforce. >> we sent a letter to the president asking him to justify a delay in the employer mandate while leaving in place the mandate on individuals and families. if businesses can get relief, individuals should get relief as well. handing out subsidies is open to massive fraud and abuse. having the subsidies without any verification is opening the system up to all kinds of corruptions. we need to protect the american people from this law permanently. >> we strongly agree that this bill can't be implemented at this time. but we have an even stronger

disagreement with this president that a time delay is going to fix the fundamental flaws in this bill. but as the president took this action and the unfairness it dealt to the american people, the house will respond to correct that injustice. martha: alan colmes and rich lowry, this is -- i think people on both sides at this point -- alan, you can weigh in here. this is a mess. >> it's a complicated law which is why many of the people 0 oppos --of the people who opposw would like a single payer. it was not sold well to the american people. so many people are confused about what happens, when it happens how it might affect them. it's a should move by john boehner because he's trying to put democrats in a box.

it could back tire. they tried 37 times top overturn this law. they don't have anything to replace it with. i would like to know what the positive message is on the other side. >> as you get closer to 2014, if you are a voter in a tight district and look at your democratic candidate, saying if the employer down the street does it why don't i have to do it? they may say you should and that may not go over too well. >> i think the delay is a huge concession. the message prior to this is the law is a steam roller. you are crazy and out of touch if you want to delay any part of it or repeel it. now you are having the administration saying a key part of it has to be delayed because the implementation is a disaster. it's very should, i agree with

alan, for downbaron and the house republicans to say if the employers aren't going to be find why are you going to put that burden on individuals. i think it put democrats in a tough spot. are they going to vote for the employer mandate and how are they going to explain how they want to impose this burden on individuals. martha: the latest number i saw, 53 per are not happy with the law. you are a democratic candidate. are there any democrats out there hole campaign on steamrolling this through on pushing this through and saying i stand by it 100%? >> it's been passed and certified by the supreme court. here is how it could backfire on john boehner. if he gets what he want, those people who are healthy would not have much of an inventive to register for the law. -- much of an incentive to

register for the laugh. the people who are not helping could get higher premiums. a large portion of the public could get higher premiums which could hurt republicans and baner in the long term. >> this is. >> the ill effect of this law. we are experiencing these peopleup shocks. where younger and healthier people are going to have to pay more for their insurance. the basic structure, it makes insurance more expensive so it makes it a product people won't want to have and to force them to guide, who does that help martha: it hurt the middle class. >> it hurts people who are not well. this is what mitt romney in massachusetts does. everybody pays into the system and most people wind up pays less in the long term. martha: mitt romney is not

president. and maybe that's bar -- maybe tt of the reason why. >> there is an easier way to do this. if you equalize the tax treatment of getting your insurance through the employer and getting on your own. you can make it easier for people to get coverage in an affordable way. and that's what you want to do. this law is just a disaster. we sight' not working well it many only going to get worse over time. >> great conversation. thanks, see you later. gregg: boston' terror attack part of a critical discussion at two hearings on capitol hill. lawmakers breaking down terror plots in america and ways to improve counter terrorism efforts. catherine herridge is live in washington with more. wham at the heart of today's testimony? >> a key issue is whether political correctness allowed

the alleged shooter at fort hood to murder 13 of his fellow soldiers at a texas base in 2009 and wound 40 others and whether political correctness meant the boston bombers got a pass after the fbi's investigation of the older bomber tamerlan tsarnaev. from giuliani the message is it you can't fight an enemy you don't acknowledge. and julian which testifying that this to call the threat by its name and recognize radical islam as a global movement has the effect of paralyzing law enforcement. gregg: who are some of the other star witnesses. >> reporter: it's important to

note who is not testifying. the chairman of the house homeland security committee said the fbi refused to provide a witness who could provide information about the tsarnaev brothers. >> unfortunately the fbi refuses to appear and continues to afuse this committee's appropriate requests for document crucial to our information on what happened in boston. >> reporter: matt olson. and his predecessor likele leiter ran the national count are terrorism center when the fort hood master took place. a key question about the nsa data collection on american sit southerns is how the suspects in boston and fort hood slipped

through given they were so active on the web. and these are the very flags the nsa program are supposed to pick up. gregg: intel pea apparently had 18 e-mails from nadal hassan to al-awlaki overseas. martha: the new york city subways are undergoing a gas test in an effort to prepare for an attack. they are testing how the gas spreads through the the subway system to help the police have a quick resnonts event of an attack. 5 million people use the city's subways daily. gregg: the on member of the granite mountain hotshots to

survive is paying tribute to those who were lost. brendan mcdonough. he spoke at the memorial service for the 19 firefighters who were killed. >> first to stay on the line. i should answer death's call to bless my hot shot crew, my family one and all. thank you and i miss my brothers. we are here today to remember them. i love my family all of you that are out there. thank you for supporting me. [applause] gregg: vice president joe biden, arizona governor jan briar and homeland security secretary janet napolitano all attended the memorial. can you imagine the emotional anguish survivors guilt they call it that that young man must

go through. probably for the rest of his life. martha: your heartbreaks for him and it's incredible that he had the strength to stand up there and speak at that very moving event and all of those families and to thank his own family for their support. you pray for him and hope he pulls through. he's been tested in a way most people never will. gregg: all of the spouse and children who now don't have their parents. martha: the defense is set to wrap today in the case of the george zimmerman murder trial. but will zimmerman take the stand in his own defense? that question is still out there. should he? we'll talk to our legal panel on this. but first take a look at this. gregg: activists in texas unable to stop that controversial abortion bill from clearing its first major hurdle.

just ahead we'll take a look at the legislation that may make it to the governor's desk. martha: how about this. the move to protect the site of the lunar landing. could the country many next national park be on the moon? get ready. plan for your next summer trip. a national park on the moon. let's go! [♪]

martha: this is the first reaction we have seen from secretary of state john kerry. he was asked about his wife's health. here is what he said moments ago. >> i want to thank everybody for

their extraordinary well wishes in the last days. teresa is doing better, under evaluation and we hope improvi improving. i want to thank everybody for the remarkable outpouring of good wishes. it's been really very special. we are very, very humbled about it expressions of support. i think she is coming along. and i know when she is able to she'll thank everybody herself. martha: obviously a very rough time. she is 74 years old. doctors are trying to determine exactly what her condition is. we wish her well. that moment's ago from the secretary of state. gregg: a florida judge ruling against the defense team on two pieces of evidence that could be

key in the george zimmerman murder trial. but last night judge nelson hearing arguments on that very evidence literally walk out on the courtroom after a 13-hour day. take a look. >> i don't want to take that up at 9:00 and have the jury sit out there and wait like they did today. we'll be in recess until 8:00 in the morning. >> not being able to prepare or get my witnesses gathered for tomorrow and i can't do it tonight. >> i'll see you at 8:00 in the morning. >> i'm not physically able to keep up this pails. it's 10:00 at night. we started at 8:00 this morning. we have had full days every day. weekends. depositions at night. glenn: that was don west talking when the judge walked out. zimmerman's attorney saying they may wrap up their case by the even of the day.

day. don west crying that he has to workweek and during trial plus late at night. i sometimes wonder, is this first trial this guy has actually ever tried? > it was amazing to watch that. we are talking about a second degree murder trial and he's whining about having to workweek and. you saw with the judge walking off, he got her upset and rightly so. all thee cares about is the you're -- all she cares about is the jury that's been sequestered. she wants to move this along. she doesn't want whining from any lawyers. gregg: the same guy who cracked the knock knock joke in front of the jury. tell me about the two critical

rulings the judge made on the computer animation as well as the text messages on trayvon martin's phone. >> the key word is essentially. there are two ways evidence can come into a courtroom before a jury. either it can come in as demonstrative, or it can come in as evidence. the interesting thing is while the judge said the video cannot be evidence in this case it can nonetheless be shown to the jury. which means the defense gets to play it which is all they need. this is a powerful piece of evidence. it will be very persuasive. gregg: lis, the defense says it's going to wrap up its case sometime today which suggests clearly they are not going to put their client george zimmerman on the witness stand. but he doesn't have to thanks to the prosecution, by the way who

introduced on their own all of these videotaped statement by the defendant. >> videotape. audiotape. our own sean hannity interview. under no cross-examination. why would the defense want to put zimmerman on the stand to face cross-examination when they have his version of what happened in front of the jury without cross-examination. gregg: reny, in the end prosecutors can prevail with a conviction if they prove that there was ill will on the part of the defendant and we heard his telephone call. and then there was he unreasonably used deadly force. is that right? >> that is exactly right. the state has to prove that he intentionally killed trayvon martin or they have to prove i should say disprove his

self-defense claim. i think the state has a difficult burden in any case, especially in this one where they made so many mistakes about letting the department testify and go unchallenged. this is a case the defense has a good chance of succeeding at the end. gregg: the key word is unreasonable. the jurors could say it was unreasonable to use a gun in that case. thank you both. martha: there are some new bombshell court document that have been revealed in the murder case against former football star aaron hernandez. gregg: survivors of the fort hood shooting massacre speak out as the trial finally begins four years later. we'll hear from a sergeant who was here that day and says he was shot multiple times by major

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gregg: brand new videotape of daring rescues in china after rainstorms caused severe flooding and landslides. crews using rope and rescue boats to reach homes underwater. since sunday flood waters have affected 360,000 people and several reportedly are dead, and more than 6,000 have been evacuated. we're told this is the worst flooding the country has seen in 50 years. martha: we've got some breaking news today in the murder case against former nfl star aaron hernandez. an chi accused accomplice has told police that hernandez admitted to shooting the victim himself. dave west joins me now from the boston herald.

this is all from an affidavit, an 8-age affidavit that hernandez's attorneys did not want to be released. it is now out there and, boy, there's a lot in here, isn't there? >> yeah. these court papers that came out both in florida and massachusetts, there's a lot of stuff in there, 156 pages released in massachusetts have all sorts of details about the stuff that was found at aaron hernandez's house. and as you mentioned, the ones in florida really give some key evidence, a statement from from carlos ortiz, one of the alleged accomplices, saying that aaron hernandez told him, told ernest wallace that he was the trigger man. if that turns out to be true that's, obviously, very damning for aaron hernandez. martha: there's also a lot in here that suggests all of this may have come about, the murder of odin lloyd, because odin lloyd may have known something about the double homicide that happened in 2012 that hernandez is now a suspect in as well.

>> that's right. you know, that murder has sat here in boston unsolved for a year now, and, you know, when aaron hernandez was picked up for this north attleboro murder, it reopened the case, and they've since in the court papers that were released yesterday says that they found a vehicle that was tied to that murder. that's the vehicle, it was a gray or silver suv that was towed out of aaron hernandez's uncle's house last week down in bristol, connecticut. and it had rhode island plates. that's the same description of the same vehicle that was used in the drive-by killing in july 2012 here in boston. and there's been some information that's come out that perhaps aaron hernandez was at a club with the victims in that 2012 murder in the hours before that shooting. martha: yeah. i mean, there's a hot in here that's going to be trouble many for aaron hernandez, to be sure. and, of course, we'll see how his defense be attorneys launch

their rebuttal to this. but, i mean, carlos ortiz clearly, you know, it appears he's trying to get a slightly better situation for himself, and he's talking bigtime about what he knows. >> yeah. i mean, certainly, you know, he's not charged with murder. they're saying he was in the car. they're also saying aaron -- ernest wallace was in the car. so you've got three people in the car, but only one is charged with murder, and now we're kind of learning why. according to these court papers released in florida, aaron hernandez claims he was the trigger man. you know, we do have joint venture here in massachusetts where all three of them could be charged with murder just for simply being in the car be they were aware of what was happening and they did nothing to stop it. that's the joint venture law here in massachusetts. so the fact that these other two guys aren't charged with murder, my experience tells me that one or both of them may be cooperating and giving them information about aaron hernandez. so really what's going on here is a game between these three

guys as to who's going to pin it on who. and, you know, certainly an explosive trial. martha: exactly. aaron hernandez may end up with three murder charges against him, we'll see. dave wedge, thank you very much. >> sure, thanks for having me. gregg: tempers are high in texas as a controversial bill restricting abortion clears its first hurdle. we'll debate its future, coming up next. martha: and protecting the artifacts of our historic lunar landing mission with a national park on the moon. think about that concept. ♪ fly me to the moon, let me play among the stars. ♪ let me see what spring is like on jupiter and mars. i'm a careful investor. when you do what i do, you think about risk. i don't like the ups and downs of the market, but i can't just sit on my cash.

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martha: well a a controversial abortion bill in texas will head to the state senate after clearing a major vote in the house. republican lawmakers moving forward with their efforts to pass strict new restrictions after a 10-hour debate on the floor and activists on both sides were fired up about the results. >> it was a very passionate debate. i'm proud of who we are as a state and for the steps that we have taken to protect both babies and women. >> we think that they should have a right and a choice, and

that choice should be whether or not they want to carry a child or to terminate it. and i think that this bill sets us back a tremendous, tremendous step back into the dark ages. martha: well, this bill that we're talking about here bans abortionings after 20 -- abortions after 20 weeks of pregnancy. let's talk to sandy rios, the vice president of family pac federal, and jehmu greene, both are fox news contributors. welcome to both of you. >> good morning. >> hi, martha. martha: you know, that's the operative sentence i think here, and this is a ban that only affects babies after 20 weeks of pregnancy. that's five months in to a pregnancy. do you object to that part of this? >> well, martha, that actually isn't correct. this is a ban, this is legislation that would virtually ban all safe and legal abortion in my home state of texas, and that is why the majority of texans are against this. they are angry that there are

special sessions being held and bills being passed in the middle of the night focusing on removing abortion rights. texans agree that women and all of us are better off when women and doctors make these medical decisions. martha: is jehmu right? >> jehmu, the reason why people are not trusting pro-choice forces is because there's no honesty. you know the bill limits abortion after 20 weeks. i think it's shameful, actually, that at five months you can still kill a baby. evidently, that's not enough for people on your side. it's, you know, way back when abortion first started in 1973, it was all based on lies and wrong statistics -- >> sandy, if you think that abortions started in 1973, you are absolutely incorrect. >> no, i though when -- it was legalized in 1973 by the supreme court. you do know that. and before that walter cronkite used to go on cbs news and hold up coat hangers and talk about

abortions. we know now from an abortionist at the time who helped found the pro-choice movement that when he came out of that movement and decided he valued life, he said that they'd lied about the statistics. my point is and even the roe v. wade case was based on a lie. you have to tell the truth if you want people to believe you. >> the truth is -- martha: go ahead, jehmu. let her speak, sandy. >> this law would force up to three-fourths of abortion-providing places to shut down. >> but jehmu -- martha: let me interpret you for a moment. jehmu, listen. >> this has affected 30,000 -- 130,000 women in texas -- martha: those claims that those clinics close has not turned out to be the case in other places. but i want to get back to the central issue here with you. i want to ask you this question because i think this is the one that is on most people's minds when they look at this from across the country. is it unreasonable to ask that, you know, we understand in this

country abortion is legal. is it unreasonable to put a limit on it at five months of reasons? do you believe that, yes or no? >> with it is unconstitutional to pass a 20-week abortion -- >> the answer's, no, martha. >> -- in the state of texas. martha: so you won't answer that question. why are you not willing to answer that question? >> martha, because this law, and sandy knows this, you know, they are trying to hide the truth in this law. they want to ban safe and legal abortions in texas. they took out an amendment -- >> but they can't do that. federally, we know that they can't do that. that is not the concern here -- >> women who have been raped or in danger of health to not have access to legal abortion. they took that out -- martha: you know what? let's ask sandy about that. sandy, because there was a democratic -- it was a republican who wanted to include a clause here except in cases of rape or incest the ban would not be in place in those case z, and

that was shot down. what do you think? >> if a person was raped or increst, they could get -- incest, they could get an abortion before five months. that's not unreasonable. and i would also say that, jehmu, what you're saying makes no sense. do you really want women to go into abortion clinics that have never been regular lated, that are filthy and -- >> they are more regulated than any other centers. >> no, they are not. that is not true. >> you know these politicians have nothing -- clearly, have nothing else to do but regulate how women deal with our own bodies. [inaudible conversations] finish. martha: we have to go, ladies, but i just want to get -- i mean, the central point is whether or not abortions are legal, the federal government cannot outlaw abortion in the state of texas. the question is whether or not five months is enough time for someone to make their decision. sandy believes it is, jehmu believes that they should have the right to do it after that point. >> martha, could i add something else?

these clinics have to -- [inaudible] [inaudible conversations] martha: we will have you back. [inaudible conversations] finish. martha: we've got to go. >> they have a year to comply. martha: jehmu, sandy, thank you both for being here. >> yeah, you're welcome. >> thanks, martha. martha: thank you, ladies. gregg: nearly four years after one of the worst shootings at a u.s. army base in history, major nidal hasan is finally on trial. coming up, we're going to hear from a survivor as he recounts the day that a changed his life. after age 40, we can start losing muscle... 8% every 10 years. wow! whoa! but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite hmb. along with protein, ensure helps rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

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martha: we've got severe flooding in parts of ohio swamping homes and yards within minutes. it rained every day for almost two weeks, can you imagine this? folks in one town saw -- say that they barely had enough time to grab essentials before the police were evacuating them by boat. >> i went through this in 2004 where it come up so quick, took

everything right then and there. but it still is just, you know, heartbreaking to see everything get destroyed again. martha: unbelievable. most ohio counties are still under a flash flood watch, and another day of rain is in the forecast. ♪ ♪ gregg: getting some new reaction today from survivors of the 2009 shooting at the fort hood army base now that the trial finally, fur years later -- four years later, has begun. it's been nearly four years since 13 people were gunned down, dozens more were wounded. sergeant lundford joins us, and as we understand it, sir, you will be the prosecution's lead witness. you were shot seven times. how are you doing? >> well, good morning, everyone. today i'm doing okay. last night i was a little upset because i found out that major

hassan was upset because he felt as if it was a chore that he had to wear his acus for the gregg: you know, there's so much to this story. let me begin with the government's response to it. eric holder, the attorney general, refuses to file terrorism charges in this case notwithstanding the very clear terrorist connections. the defendant was e-mailing al-qaeda. he yelled allahu akbar, he admits he was defending what he calls the taliban and mullah omar. are you disappointed that holder refuses to file terrorism charges and the administration calls this a workplace shooting? >> not only am i disappointed, i'm embarrassed. mr. holder needs to understand the repercussions of his

actions, because each with major hasan making a statement yesterday about him wearing a uniform, a proven fact that he is a terrorist. even with him wearing a beard. and for mr. holder to even make a suggestion from department of justice going to dod's business, that's not his lane. and, you know, it's kind of interesting to figure out, you know, when a person makes a decision like that, they have never served in uniform or even has he ever visited our troops in theater. so maybe he might want to go to afghanistan to visit our troops so he can get an up close and personal feel of the reason why we're doing the job that we're doing before he decides to make a decision that he's making that is just preposterous. gregg: is it true that because the white house and eric holder describe this or categorize this as a workplace shooting and not combat related that you're not entitled, you and other victims,

are not entitled to, for example, decorations, a purple heart or some of the combat-related benefits that you would otherwise receive had you been shot, let's say for example, in afghanistan or iraq? >> absolutely, sir. and to add to what you're saying, for mr. holder every time he goes home and he shuts his door and he lays down and goes to sleep and he can do that in peace, he needs to understand that he's able to do that because of the blood that's been shed by service members in foreign soil. gregg: it has taken four years to bring this to trial. i said it yesterday, you know, there's ap old legal -- an old legal maxim that justice delayed is justice denied. do you feel denied so far? >> i do. it's, in this trial, i'm glad that it's finally happening. it's been a long time coming. and the reason why we've had delay after delay really doesn't make any sense. but i guess in some people's

minds better late than never. i just want justice to be served and let our justice system work the way it's supposed to without any interference or any outside influence that will stop the process any further. gregg: and all this while, as i understand it, the defendant, major nidal hasan, has been receiving a paycheck as well as medical benefits now approaching a total of $300,000. and yet you and many others who were victims denied some combat-related benefits. how does that make you feel? >> it really upsets me because a lot of the 32 that have retired, they're having a hard time financially right now. and even with other service members that have retired medically from uniform has been having a hard time. even though we have a lot of american citizens' organizations that are there to help us. but there again, as you say, major hasan has received over

$300,000 from the uniform that he hates to wear. so now you have a man that not only has been financing him for the past four years, but also financed his education when he came out of the national guard and ended up going to college off the g.i. bill. gregg: sergeant lunsford, thank you so much for your service and your tremendous sacrifice. i know it's been tough. you've expressed yourself well, and you're going to be one of the lead witnesses in this case. thank you so much. >> you're welcome, sir. martha: powerful stuff. jon scott is standing by with a look at what's coming up on "happening now" today. hi, jon. jon: it's about time that trial gets underway, huh, martha? there is also big news today on two fronts on obamacare. the hhs secretary just a few minutes ago trying to push forward with that law as the obama administration steps up the push on the health care overhaul. it comes as the gop continues its full frontal assault trying to block it. joe trippi and jonah goldberg

weigh in. plus, the boston bombing suspect makes a court appearance today. we will talk with the mother of two of the victims of the terror attack there. and the whitey bulger trial turns explosive. a courtroom fight over who is the real stool pigeon. pretty explosive stuff. we'll have it, "happening now." martha: jon, thank you. we'll look forward to that. coming up right here, it is a national park that is out of this world. we're going to explain why a couple of lawmakers are fighting to preserve the site of the moon where they landed as a historic landmark. may not be as silly an idea as you might think. ♪ ♪

>> that's one small step for man, e giant leap for man kind. martha: just gives you chills every time you hear it, even all these years later. but imagine the national park being set up on the moon. two house democrats are proposing just that, to insure the american landing sites are preserved for future generations. the bill states as commercial enterprises and foreign nations acquire the ability to land on the moon, it is necessary to protect the apollo lunar landing sites for posterity. so is it? corey powell joins me now, editor at large for discover magazine. corey, welcome back. >> always nice to be here. martha: always good to have you with us. on the face you say, oh, a national park on the moon, it sounds like a ridiculous idea. however, we do want to in some way preserve those sites if

anybody ever gets back there. it's been more than 40 years, and nobody's made it yet. >> right. it's an incredible piece of history, and there are several layers of protection. there's a united nations treaty that we signed that, basically, protects the sovereignty of the moon itself -- martha: we know how well those united nations things hold up. >> first of all, it's the united nations and, second of all, it doesn't say anything about the actual artifacts on the moon. to me, the most interesting thing here is -- martha: what artifacts are you including in that? >> well, the things they're most interested in are the apollo landing sites, 11 through 17. but there's an incredible, crazy array of things there. there's a falcon feather and a hammer that david scott dropped to demonstrate how gravity worked, there are the golf balls there are 96 bags of frozen urine and feces which i'm assuming nobody wants, but they're hanging out there -- martha: because? >> we left a lot of trash on the moon, a lot of amazing around

factions, and the question is how much do you want to preserve? the other interesting question to me is, you know, nasa isn't saying that, oh, they're going to send missions back to protect this, they're saying private companies are going to go, you know, poking around, and they want to make sure they don't disturb things. so the private space flight is really the forward element. martha: how far away are we from a competitive environment where there's all these different entities going up there, and you have to protect it? you look at what richard branson has done, and that's just getting us up to the zone of the international space station which is how far away from the moon? i mean -- >> right. manned space flight into orbit, we're very close to that. manned space flight to the moon for a private company, that's still a long haul. but there's a prize called the google lunar x prize, and there are, actually, 32 different groups that are competing for a $30 million jackpot to send a robot to the moon. and some of them are pretty close. i mean, that may happen say within the next five years.

so this is not a far distant thing. and those, you know, you could send an automatic prospector there, you know, collect some artifacts, bring them back and sell them on ebay. the need to protect this is not such a crazy, far-off idea as it may sound. martha: interesting. very interesting. corey, thanks. we'll see what happens. >> i know. martha: a lot of stuff i didn't know was there -- [laughter] >> some things more valuable than others. martha: yes, exactly. thanks, corey. gregg: incredible new details revealed about the crash of asiana flight 214. what may have led to this tragedy and the unbelievable survivor story of two flight attendants. we're going to have a live report from san francisco international airport just ahead. (girl) what does that say? (guy) dive shop.

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gregg: 4-year-old bobby tufts hasn't even begun school yet, but he's already a seasoned politician.

dorset, minnesota, uses a lottery to run for mayor. he's out campaigning -- martha: and he has campaign advisers trailing behind him. gregg: he's truthful which means he has no future in american politics. [laughter] martha: oh, don't say that. thanks, gregg, we'll see you back here tomorrow. gregg: "happening now" begins now. jenna: and we begin with a fox news alert. stories we're watching today for you, first to the white house. breaking news on the health care law as we get a major announcement from the health and human services secretary. plus, we have that tropical storm, chantal, as it barrels towards haiti, threatening to bring rain and flooding and possibly landslides. and we're also watching the latest developments unfolding in a florida courtroom where george zimmerman is on trial for murdering unarmed teenager trayvon martin. today a major blow to the defense. but first, right now brand new stories and breaking news. jon: one of the nation's most-wanted fugitives on